Frequently Asked Questions for Licensing and Retailer Topics

RSMo 311.202 allows any person licensed to sell intoxicating liquor at retail by the drink for on-premises consumption to sell retailer-packaged (aka “to-go”) alcohol beverages for off-premises consumption provided:

• The alcoholic beverage is poured by an employee of the retailer who is 21 or older, for off-premises consumption;
• The container is rigid, durable, leak-proof, sealable, and designed to prevent consumption without removal of the tamperproof cap or seal, and which does not contain a lid with sipping holes or openings for straws;
• The container does not exceed 128 ounces;
• A meal, which must be prepared on premises, must have been ordered and purchased simultaneous with the retailer-packaged alcohol beverage(s);
• No more than two retailer-packaged alcohol beverages may be sold per meal serving;
• The licensee must provide a dated receipt for the meal and alcohol beverage(s); and
• The alcohol container(s) must either be:
  • Placed in a one-time-use, tamperproof, transparent bag that is securely sealed, or;
  • The container opening must be sealed with tamperproof tape; and
  • Shall have a label or tag affixed with the name and address of the business in specified font and states “THIS BEVERAGE CONTAINS ALCOHOL.”.

See also Industry Circular - Retailer-Packaged Alcohol

In general, it takes from 10 to 21 days for issuance of a license after receipt of a completed application.

This depends on which license you wish to apply for. Please see the listing of license types and fees. In addition, you may go to the licensing section on this Website to see descriptions of the various license types.

When New Year's Day, New Year's Eve, St. Patrick’s Day, and July Fourth fall on Sundays, any person with a license to sell intoxicating liquor by the drink may be open and sell alcohol even without a Secondary Sunday license. In addition, a Retail by the Drink licensee may be open on Super Bowl Sunday and the Sundays prior to Memorial Day and Labor Day (Section 311.298).

6:00 am to 1:30 am Monday through Saturday;
6:00 am to 1:30 am on Sundays (requires a Sunday license in most cases);
Most licensees must abide by these hours. There are some special license types that allow different operating hours.

A person must be 21 years of age to work in a bar. There are provisions for persons who are 18 to 20 years old to work in a restaurant or a convenience store, but the licensee must first obtain permission from the state supervisor of the Division of Alcohol and Tobacco Control. Please complete and submit the Application for Permission to Employ Minors, which defines the special provisions that would allow a liquor licensee to employ a person who is 18 to 20 years old.

There are provisions for a person who is 18 to 20 years old to work in a restaurant or a convenience store, but the licensee must first obtain permission from the state supervisor of the Division of Alcohol and Tobacco Control. Please complete and submit the Application for Permission to Employ Minors, which defines the special provisions that would allow a liquor licensee to employ a person who is 18 to 20 years old.

A person under the age of 21 (a minor) cannot purchase or possess intoxicating liquor under Section 311.325. Therefore, they cannot be managing officer, have a financial interest in, nor operate, a liquor establishment as this would demonstrate possession. A minor cannot make purchasing decisions on behalf of a business related to intoxicating liquor. A minor’s presence on a license would also raise serious concerns about the applicant’s good moral character under Sections 311.060.1 and .2 as it demonstrates a willingness to disrespect 311.325. Good moral character is defined as “honesty, fairness, and respect for the rights of others and for the laws of the state and nation,” under 11 CSR 70-2.010(5).

A convicted felon can be employed by a Missouri liquor licensee. There are no reporting requirements for employment of a convicted felon.

A person with a felony conviction must meet the requirements under Section 311.060 in order to qualify for a liquor license. This section requires a person to be of good moral character, a qualified legal voter and a taxpaying citizen. No person may be granted a license if they have previously had a license revoked, or have been convicted of a law applicable to the manufacture or sale of intoxicating liquor. An applicant must submit a true and complete application for a liquor license, which will be reviewed by the state supervisor to determine if the requirements have been met.

In Missouri, there are several cities that require these types of licenses. You must contact your local municipality to determine if they are required.

Missouri requires that a licensed establishment be 100 feet from a church or school. Cities may require up to 300 feet or entirely waive the 100 foot requirement. You should check with your local municipalities to determine what the local requirements are.

Monday through Friday, 8:00 a.m. to 12:00 p.m. and 12:30 p.m. to 4:30 p.m. Closed on Saturdays and Sundays.

Go to the WECARD.ORG Website for information on countertop calendars.

Please complete and submit the Application to Change the Managing Officer form.

Section 311.580.2 prohibits any person from possessing any intoxicating liquor in excess of five gallons (i.e., 25 bottles, 750 ml) that has not been inspected, labeled and taxed by the ATC state supervisor. This five gallon exception is tax free and no permit is needed to bring this amount of intoxicating liquor back to Missouri.

It is unlawful for any person to manufacture, distribute or sell intoxicating liquor without a state license issued by the state supervisor of the Division Alcohol and Tobacco Control. However, Section 311.055 is an exception, which allows 200 gallons to be manufactured per household, per calendar year if there are two or more persons over 21 years of age in the household, or 100 gallons per calendar year if there is one person over the age of 21 in the household. The products manufactured under the Section 311.055 exception are only for personal and family use.

No person under age 21 may purchase or possess alcoholic beverages. Any person under 21 who purchases, or has in his possession, any alcoholic beverages is guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not less than $50, nor more than $1,000 or by imprisonment in the county jail for a term not to exceed one year, or both.

A valid and unexpired operator's or chauffeur's license issued under the provisions of Section 302.177, RSMo, or a valid and unexpired operator's or chauffeur's license issued under the laws of any state or territory of the United States to residents of those states or territories, or a valid and unexpired identification card as provided for under Section 302.181, RSMo, or an identification card issued by any uniformed service of the United States, or a valid passport.

Guests may, with the permission of the restaurant, bring their own unopened bottle of wine into the premises of a restaurant that is licensed to sell wine by the drink. Bringing an opened bottle of wine into the licensed premises would be carrying an unfinished bottle of wine in a manner that is in violation of Section 311.101.

There are no provisions against charging a corkage fee. There is no state standard corkage fee.

Section 311.332.2 provides for a limited exception whereby intoxicating Liquor Manufacturers or Wholesalers can donate beer, wine, or brandy for nonresale purposes to any unlicensed person or any licensed retail dealer that is a charitable or religious organization or educational institution, at any location or licensed premises, provided, such beer, wine or brandy is unrelated to the organization or institution's licensed retail operation. A charge for admission to an event that provides free beer, wine, or brandy is allowed. You may not sell the intoxicating liquor. You may not receive donations of intoxicating liquor from a retailer under this provision. The Division of Alcohol and Tobacco Control recommends that you contact your local district office to make sure that your event qualifies under these provisions.

Complete the Ownership Reporting Requirements for Entities form.

There is no license that would permit a mobile bar on its own; however, the division published this Industry Circular on how to operate under Missouri law. Additional things to consider are:

• There are underlying qualifications for the primary retail by drink license depending on the license type and the premises location;
• All alcohol must be purchased from a licensed wholesaler;
• All alcohol must be returned to the primary license premises at the expiration of each caterer permit;
• If kegs are used, those must also be offloaded and returned to the premises, or the vehicle must be brought into the licensed premises (i.e. a garage bay included on the licensed premises);
• A separate caterer permit must be obtained for each location/day where alcohol will be sold off-site;
• City and county licenses may be required in addition to the state licenses.